Construction Claims Monthly

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Searched Library for year - 2018

December 2018 - Volume 40 Number 12

Low Bid Was Not a 'Palpable Unilateral Mistake'
2nd Tier Sub Can Recover $300K Under Mechanic's Lien---If It Can Prove Project Performance
Contract Prevented Sub From Pinning $1M Delay Damages On Contractor Misconduct
Contract's Payment Terms Governed, Not Prompt Payment Act
Surety Bonds Are A One-Way Street, Promises Are Not Reciprocal
No Damages From Surety Until After Contractor-Sub Arbitration Outcome
Agency, Not Comptroller, Decides If Offeror Can Perform

November 2018 - Volume 40 Number 11

Contractor Seeks $4M For Extra Work, Despite Maximum Contract Price
Designer Won't Pay $30 Million In Damages Thanks To Liability Cap
Govt. Failed To Timely Respond To $1 Million Differing Conditions Claim
Bidder Exceeded Govt. Contract Price Limit, Still Won Award
RFP Contained Latent Ambiguity As To Technical Score Criteria
No Award Where Bid Limited Surety's Liability
Govt. Project Permitted To Favor Small Biz Over Women-Only Biz

October 2018 - Volume 40 Number 10

Contractors Can Pursue Negligence Claim Against Designers Who Controlled Project Risk
No Recovery For 'Extra Work' That Fell Within 'Catch-All' Provision
Partial Release Limited Sub's Miller Act Recovery
Contractor Couldn't Show Work Suspension Increased Costs By $3 Million
No Award For Entity Whose Identity Was Unclear
Bid Not Unresponsive Despite Lack Of Info About Foreign Supplier

September 2018 - Volume 40 Number 9

Unjustified 'Hurry Up' Threats To A Sub Will Cost A Contractor $200,000
Sub Unable To Show Contractor Should Have Held Its Money In Trust
Govt.'s 'Continual Dialogue' With Contractor Vitiated Contract Termination
Modification Reset Project Clock, Effectively Erased Stop-Order Delay
$20,000 Bid Error Cost Bidder An $800,000 Project
Bidder's 'Very Relevant' Past Performance Failed To Secure $500M Contract

August 2018 - Volume 40 Number 8

Govt. Collected Liquidated Damages---And Then Extended A Portion Of The Contract
Change Of Excavation Plans Led to Utility Damage, Contractor Liable
Sub or Sub-Sub? Hierarchy Matters To Sub's Miller Act and Prompt Pay Claims
Contractor's Deviation From Statement Of Work Was A $1 Million Mistake
Subs' Miller Act Claim Will Have To Wait Out Arbitration
Offeror's Past Performance Experience Not Precise Enough to Be Relevant

July 2018 - Volume 40 Number 7

Engineering Inspector May Be Liable For Design-Caused Environmental Damages
Enforceable MOU After A Teaming Agreement Held Sub Liable For Damages
Replacement Sub's Work Did Not Breach Performance Bond
Subcontract Provisions Did Not Waive Miller Act Rights
FAA Overruled State Law In Arbitration Clause Dispute

June 2018 - Volume 40 Number 6

Spearin May Offer Recovery Avenue To Design-Build Subs
Cardinal Changes & Contract Interference Negate 'No Damages for Delay' Clause
Contract Unambiguously Held Contractor Responsible For Subs' Defective Work
No Recovery For Contractor That Failed To Submit F.A.R.-Mandated Settlement Proposal
Govt.'s 44-Minute Response Window For RFQ Was Not Unreasonable
Impossible-To-Meet Project Requirements Aren't Necessarily Unreasonable
Last-Minute Price Change Turns A Timely Bid Submittal Into A Tardy One.

May 2018 - Volume 40 Number 5

Deficient Specs And Failure To Respond To RFIs May Prove Costly For Govt.
Clarification Request Proved Latent RFP Ambiguity Was Actually Patent
Govt. Couldn't Disclaim Responsibility For Its Silence On Groundwater
Supplier Agreement Was Not An Enforceable Contract
City Was Not Third-Party Beneficiary, Couldn't Sue Architect For Negligence
No Differing Conditions Where Contractor Could Have Inspected Site

April 2018 - Volume 40 Number 4

Urgent Repairs Were 'Compelling' Reason To Cancel Bid
Email Promise May Have Extended Subcontract Scope---and Miller Act Timeline
Agency Unreasonably Allowed Upward Correction of Bid Price
Multiple Waivers Left Contractor With No Basis For Negligence Suit Against Sub
Certificate of Substantial Completion Not A Safety Net For Surety
Govt.'s Letter Deleting Work Was Not A Contract Termination Notice

March 2018 - Volume 40 Number 3

Time Ran Against King: Ohio Statute Barred Decade-Old Contract Breach Action
Contractor Properly Used Cheaper, Nonconforming Performance Method
Termination Damages Awarded As If Work Was Complete
In Vermont, Participation In Prep Work Signals Commitment To Arbitration
No Constructive Change Where Specs Spelled Out Installation Method

February 2018 - Volume 40 Number 2

Govt. Must Base Contract Estimates On All Relevant Info Available
A/E Tort Liabilty Extended To Negligent Construction Manager
One Over-Reaching Clause Doesn't Void An Entire Contract
Email Contract Didn't Spell Out Who Was Responsible For Concrete Specs
When Govt. Sought 'Other Relief' Under Contract, It Made A 'Claim'
Govt. May Write Specs Around A Particular Vendor's Methods

January 2018 - Volume 40 Number 1

The Government Needs Just One Good Reason To Terminate For Default
Owner Paid Unit Price, But Accepted Fixed-Price Bid
Both Parties Will Bear Costs For Road Defects
Subcontract Incorporated Some Of The Prime Contract---But Not Its Arbitration Terms
No General Release Exception Without 'Special And Limited' Circumstances
Design-Phase Work Precluded Firm From Bidding On Construction Phase


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